What is the penalty for breaching a TPO?

What is the penalty for breaching a TPO?

The Council have the power to take legal action against anyone contravening a Tree Preservation Order under Section 210(2) of the Town and Country Planning Act 1990, which provides that anyone found guilty of these offences is liable, if convicted in the magistrates’ court, to a fine of up to £20,000.

Who is liable for breach of TPO?

Who is liable? If these protected trees were cut down without consent, and without them being dangerous, then a criminal offence has been committed. The liability for this offence is strict, so the person who cut them down is liable to be prosecuted.

What happens if I cut down a tree with a TPO?

Tree preservation orders (TPOs) protect single trees, groups of trees or areas of woodland. If a tree has a TPO, it is an offence to cut it down, top it, lop it, uproot, or deliberately damage or destroy it without our permission. If you destroy a tree that has a TPO, you can be fined £20,000.

Can you overturn a Tree Preservation Order?

The only way it can be removed is by the council. Generally, the main reason a TPO could be removed would be because there was a mistake with the original order and if this was the case, a new order would be required. However, it’s also possible that the TPO could be lifted if the tree is dead, dying or diseased.

Is cutting down a tree a criminal Offence?

It is a criminal offence to prune, fell, damage or harm a protected tree, unless the works are exempt.

What can you do to a tree with a preservation order?

A TPO is a written order which, in general, makes it a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by that order, or to cause or permit such actions, without the authority’s permission. Anyone found guilty of such an offence is liable.

Can you cut back a tree with a TPO?

A Tree With A TPO If you do have a tree or a garden that is subject to a TPO, then you are unable to cut down the tree. Especial care should be taken of any trees that are growing in hedgerows. These trees may appear to be part of the hedge, but should not be excessively trimmed, lopped or topped.

What happens if you remove a protected tree?

If your trees are protected, you need written permission to remove them, or to do any tree surgery. If you remove trees or do work to them without permission you could be prosecuted. You or your tree contractor can usually apply for work to protected trees on standard forms.

Can you contest a TPO?

You can appeal to the Planning Inspectorate about the decision on your application or a condition of a TPO, or against the non-determination of a TPO if you have not received an outcome within eight weeks. You will need to make your appeal within 28 days of the date of our decision.

Can I cut back a protected tree?

We have a duty to protect trees in the borough and those which are particularly important are protected by Tree Preservation Orders (TPOs). These orders make it an offence to remove, prune or damage protected trees even if they are on private land.

What happens if you breach a tree protection order?

Anyone who breaches an Order by damaging or carrying out work on a tree protected by an Order without getting permission from the local planning authority or not carrying out work in accordance with the conditions of a consent granted by the local planning authority is guilty of an offence and may be fined.

When did the law on tree preservation orders come into force?

The law on Tree Preservation Orders is in Part VIII of the Town and Country Planning Act 1990 as amended and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 which came into force on 6 April 2012.

What happens if a tree is not currently protected?

Bear in mind that even if a tree is not currently protected it may become protected in the near future. Discussions with planning authorities can trigger new TPOs to be granted. A local planning authority has the right to make a tree preservation order if they consider that trees have amenity value.

How do I get a tree preservation order?

Discussions with planning authorities can trigger new TPOs to be granted. A local planning authority has the right to make a tree preservation order if they consider that trees have amenity value. It will serve notice on the owners or anyone with an interest in the land in which the tree is situated.